11/07/2007
Spitzer Gets Served Over License Debate
By:George Wallace


HAND DELIVERED—Members of the Assembly Republican Conference are up in arms over New York State Governor Eliot Spitzer’s proposal to allow individuals to gain driver’s licenses without a Social Security number.

Several Suffolk representatives within the New York State Assembly have signed onto a lawsuit against Governor Eliot Spitzer over his controversial plan to change driver's license laws in New York so that illegal aliens may obtain licenses. The lawsuit, which was filed last week, is being brought against the Democratic governor on behalf of Assembly Minority Leader Jim Tedisco (R-Albany) and members of the Assembly Republican Conference.

"The governor's plan is reckless, risky and irresponsible and is opposed by both Republicans and Democrats alike," said Assemblyman Andrew Raia (R-Northport), who signed onto the lawsuit along with fellow assemblymen Jim Conte (R-Huntington Station), Fred Thiele (R-Bridgehampton) and Phil Boyle (R-West Islip).

Stating that "the governor has ignored our system of checks and balances and the will of the people in moving forward with his plan," Raia said he has a number of concerns about the proposal. "Worst of all, in addition to making it easier for potential terrorists to move about our state, the governor's plan sends the wrong message to illegal immigrants that obtaining a citizenship is no longer a necessity because they will be afforded the same privileges as citizens," he continued. "Unfortunately, the governor's actions leave us with no other choice but to sue him."
"Bringing a lawsuit against the governor is no light matter," Conte added. But with "72% of the people in this state against the governor's plan to give illegal aliens driver's licenses, I feel it is my responsibility to do what is right for the safety and security of our state and nation."
The suit will list five causes of action. The following contentions are being made in the document:

* "Governor Spitzer's plan is in violation of Section 502 of the State Vehicle and Traffic Law, which indicates that the commissioner of the Department of Motor Vehicles shall require a Social Security number before issuing a driver's license;
* "[The] plan defies the principle of separation of powers between the Executive and Legislative branches;
* "[The] plan does not follow proper administrative procedure in the manner in which it failed to provide New Yorkers with notice and an opportunity to be heard, as required under the State Administrative Procedure Act;
* "[It] impairs the legislative intent behind an amendment to the State Vehicle and Traffic Law's Section 502, which was to enhance the state's ability to enforce child support obligations;
* "[Spitzer's] plan would impair New York's ability to share driver information with other states."

The lawsuit comes as a response to and rejection of an amended plan announced by Spitzer in late October, in which he proposed a three-tiered strategy for licenses that he said would allow the state to comply with federal mandates, allow New Yorkers to choose a license that best suits their needs, and ultimately bring more safety to the state's roads.

It is Spitzer's contention that undocumented immigrants need to have driver's licenses so they can legally be on the roads. "People need licenses to get to jobs, to keep jobs, as well as travel to hospitals, schools and other important places, particularly outside of New York City," concurred Lillian Rodriguez Lopez, president of the Hispanic Federation. "We need drivers on the road that pass the exam, prove residency and obtain valid insurance."

State law has required license applicants to prove their identity, date of birth and fitness to drive, and to provide a Social Security number. In 2002, a state regulation was adopted to allow applicants who are ineligible for a Social Security number to also apply for driver's licenses by providing a letter of ineligibility.

"Following this step, the DMV then issued an administrative policy that effectively made it impossible for illegal immigrants to obtain driver's licenses by stipulating that the only way to define 'ineligibility' would be through obtaining a formal letter of ineligibility from the Social Security Administration, a letter that is only obtainable by individuals who have legal immigration status," according to the governor's office.

To address that situation, Spitzer initially proposed a new policy, in which license applicants will check a box on the license application that states that the applicant is not eligible to receive a Social Security number. Instead of presenting an SSN or a letter of ineligibility, individuals instead would provide a current, foreign passport or other valid and verifiable documents to prove identity.

Now, however, Spitzer's three-tiered plan would provide distinctly different types of licenses. The first and second include an "enhanced driver's license" for crossing the New York-Canadian border and a federally approved license to fly on planes. The third is a New York State license for driving and identification purposes only. This third, lowest level license, is "for those who already have passports, as well as for undocumented individuals," said Jennifer Givner, a spokesperson for Spitzer. An individual producing the document would therefore not necessarily be identifying themselves as being an undocumented resident. "It will only say on it, 'not for federal purposes,'" she noted.
But opposition to Spitzer's new proposal has continued, and has been both widespread and bipartisan.

"Sometimes when you look at this, you say, there are 500,000 to one million illegal aliens here, maybe we should do this," said Assemblywoman Pat Eddington (WF-Patchogue). "But I still think it's wrong. It's rewarding illegal behavior."

Particularly troublesome to Eddington and others, she said, is that Spitzer has not consulted with the state Legislature in coming up with a plan. "The governor has not reached out to us, and we are getting concerns from our constituents," she said. "I found out about this latest plan through the newspaper. The governor has to have some kind of discussion with us."
"This governor seems to like to do things unilaterally, and from a legal perspective I don't think he can in this case," Thiele added. "Section 502 of the vehicle law sets up what you have to do to obtain a license. I think that what he's attempting to do is not just bad relations with the Legislature, but illegal."

But Givner maintains that these actions are within the governor's purview. "In announcing this initiative, it was very clear to the governor that the commissioner of the Division of Motor Vehicles has the authority to determine what documents are necessary to obtain a license," she said. The governor's office insists that identification technologies - document scanning and facial recognition technology - will address concerns about possible fraudulent licensure.

The lawsuit requires Spitzer's office to answer the complaint within 20 days after service of the summons.
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